UTD students sue UT System for overnight speech ban
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A 2024 antiwar demonstration at the University of Texas at Austin. Photo: Brandon Bell/Getty Images
An organization representing University of Texas at Dallas students is suing the UT System over a new state law that bans overnight "expressive activities," saying the rule is unconstitutional.
Why it matters: The Texas law walks back a 2019 bill that designated all open spaces at public colleges and universities as forums for free speech for anyone.
Driving the news: Senate Bill 2972, which went into effect Monday, prohibits expression on campus from 10pm to 8am and limits how people can protest on campus.
- The lawsuit, filed this week by the Foundation for Individual Rights and Expression, claims the law violates students' First Amendment rights to free speech.
Friction point: The law is broad and could limit what T-shirts students wear at night, prohibit late-night study groups and ban religious gatherings, such as a Passover seder or Ramadan prayers, according to the lawsuit.
- The lawsuit points out that the bill does not define "expressive activities" and could ban a 10:30pm on-campus celebration of a sports team's or could prohibit screening a film at midnight.
What they're saying: "The First Amendment does not go to bed when the sun goes down. Nor does it take days off," the lawsuit says.
- "The UT System has not reviewed the lawsuit yet, and because it is a matter of litigation, we are not able to offer additional comment at this time," the university system said.
The other side: State Sen. Brandon Creighton, R-Conroe, authored the bill after last year's nationwide college protests against the war in Gaza.
- Creighton was named the sole finalist this week to be the Texas Tech University System's next chancellor.
Zoom in: The UTD plaintiffs include the independently run student newspaper, an interdenominational campus ministry and a musical performing group.
- The Fellowship of Christian University Students, known as FOCUS, hosts prayer meetings and Bible discussions that often go later than 10pm.
- The Retrograde's journalists often cover breaking news or interview people on campus well into the night, sometimes publishing updates at 1am.
The intrigue: The act does not bar commercial expression overnight.
- For example, students could post before 8am a sign advertising a morning bake sale but would not be allowed to hold up a sign protesting world hunger.